BILL NUMBER: SB 626	CHAPTERED  07/12/99

	CHAPTER   89
	FILED WITH SECRETARY OF STATE   JULY 12, 1999
	APPROVED BY GOVERNOR   JULY 12, 1999
	PASSED THE ASSEMBLY   JUNE 28, 1999
	PASSED THE SENATE   MAY 6, 1999

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 24, 1999

   An act to amend Sections 3, 5, 12, 13, and 13.1 of, to add Section
12.1 to, and to repeal Section 7 of, the Lake County Flood Control
and Water Conservation District Act (Chapter 1544 of the Statutes of
1951), relating to the Lake County Flood Control and Water
Conservation District.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 626, Chesbro.  Lake County Flood Control and Water Conservation
District.
   (1) The Lake County Flood Control and Water Conservation District
authorizes the board of supervisors of the Lake County Flood Control
and Water Conservation District to establish zones within the
district.
   This bill would authorize the board of supervisors to modify and
dissolve zones within the district in accordance with prescribed
procedures.
   (2) The act requires the board of the district to appoint a
commission and authorizes the board to delegate any or all of its
powers to the commission.
   This bill would repeal that provision.
   (3) The act authorizes the board of the district to levy ad
valorem taxes or assessments upon real property in the district or in
the zones of the district in accordance with prescribed provisions.

   This bill would revise those provisions and would provide that the
district may levy and collect special taxes and benefit assessments
in the district or any zone of the district pursuant to specified
provisions of law.
   (4) The act authorizes the board to impose assessments, in
accordance with specified provisions, to pay for the costs of
operation and maintenance of certain works or improvements that have
been constructed by the state or the federal government.
   This bill would revise those provisions and would authorize the
board to impose special taxes and benefit assessments to pay for
those costs, as prescribed.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3 of the Lake County Flood Control and Water
Conservation District Act (Chapter 1544 of the Statutes of 1951) is
amended to read:
  Sec. 3.  (a) The board of supervisors of the district created by
this act, acting in the manner and within the terms provided in
Section 12 of this act, may establish, modify, and dissolve zones
within the district without reference to boundaries of other zones,
and may institute, operate, and maintain projects for the specific
benefit of those zones.
   (b) Before proceeding with the establishment, modification, or
dissolution of any zone, the exterior boundaries of which will
include any land lying within the exterior boundaries of any
chartered or incorporated city within the district, the board of
supervisors of the district shall first obtain the concurrence of
that city to conduct that proceeding; and that concurrence shall be
evidenced by a resolution or ordinance adopted by a majority of the
members of the city council of that city or by a vote of a majority
of the qualified electors residing in that city or portion of that
city to be included in that zone, voting at any regular or special
election on the proposition; and the election shall be held as
provided by law for holding a municipal election in that city and the
cost of the election shall be paid by the city.
  SEC. 2.  Section 5 of the Lake County Flood Control and Water
Conservation District Act (Chapter 1544 of the Statutes of 1951) is
amended to read:
  Sec. 5.  The district is hereby declared to be a body corporate and
politic and may do all of the following:
   1. Have perpetual succession.
   2. Sue and be subject to suit in the name of said district.
   3. Adopt a seal.
   4. Acquire by grant, purchase, lease, gift, devise, contract,
construction, or otherwise, and hold, use, enjoy, let, and dispose of
real and personal property of every kind, including lands,
structures, buildings, rights-of-way, easements, water and water
rights, and privileges and construct, maintain, alter, and operate
any and all works or improvements, within or outside the district,
necessary or proper to carry out any of the objects of purposes of
this act and convenient to the full exercise of its powers, and
complete, extend, add to, alter, remove, repair or otherwise improve
any works, or improvements, or property acquired by it as authorized
by this act.
   5. Conserve all waters within the district, and control the flood
and storm waters of the district and the flood and storm waters of
streams that have their sources outside the district, but which
streams and floodwaters thereof, flow into the district, and protect
from damage from those flood or storm waters the watercourses,
watersheds, harbors, public highways, life and property in the
district, and the watercourses outside the district of streams
flowing into the district, and to develop waters within or outside
the district for domestic irrigation, industrial, and recreational
uses, and construct works therefor, including works for the storage
and delivery of water; provided further, that none of the provisions
of this act shall preclude the exercise by any other political
subdivision that may now or hereafter exist, wholly or in part,
within the district from exercising its powers, although the powers
may be of the same nature as the powers of the district.  Any other
political subdivision may, by written agreement with the district,
provide for the use, or joint use, of property or facilities in which
that other political subdivision has an interest, or for the use, or
joint use, of property or facilities in which the district has an
interest.
   6. Cooperate and act in conjunction with the federal government,
the state, or any of their engineers, officers, boards, commissions,
departments or agencies, or with any public or private corporation,
or with the County of Lake or adjacent counties, or with any other
agencies, in the construction of any work for the storage or delivery
of all waters within or outside the district for domestic,
irrigation, industrial, and recreational uses and for the
conservation of waters within the district, for the controlling of
flood or storm waters of or flowing into the district, or for the
protection of life or property in the district.
   7. Carry on technical and other investigations of all kinds, make
measurements, collect data and make analyses, studies, and
inspections pertaining to the beneficial use of waters within or
outside the district, including domestic, irrigation, industrial, and
recreational uses and the conservation of water and the control of
floods both within and outside the district, and for those purposes
the district shall have the right of access through its authorized
representatives to all properties within the district. The district,
through its authorized representatives may enter upon those lands and
make examinations, surveys, and maps thereof.
   8. Enter upon any land, to make surveys and locate the necessary
works of improvement and the lines for channels, conduits, canals,
pipelines, roadways and other rights-of-way; acquire by purchase,
lease, contract, gift, devise, or other legal means all lands and
other property necessary or convenient for the construction, use,
supply, maintenance, repair and improvement of the works, enter into
and do any acts necessary or proper for the performance of any
agreement with the United States, or any state, county, district of
any kind, public or private corporation, association, firm or
individual, or any number of them for the joint acquisition,
construction, leasing, ownership, disposition, use, management,
maintenance, repair or operation of any rights, works or other
property of a kind which might be lawfully acquired or owned by the
district.
   9. Incur indebtedness and issue bonds in the manner provided in
this act.
   10. Cause taxes or assessments to be levied and collected for the
purpose of paying any obligation of the district, and to carry out
any of the purposes of this act, in the manner provided in this act.

   11. Make contracts, and employ labor, and do all acts necessary
for the full exercise of all powers vested in the district or any of
the officers thereof by this act.
   12. Exercise the right of eminent domain, either within or outside
the district, to take any property necessary to carry out any of the
objects or purposes of this act.  The district in exercising that
power shall, in addition to the damage for the taking, injury, or
destruction of property, also pay the cost of removal,
reconstruction, or relocation of any structure, railways, mains,
pipes, conduits, wires, cable, poles, of any public utility that is
required to be moved to a new location.
   The district shall not condemn property outside the County of Lake
unless the consent of the governing board of the county, in which
the property to be condemned is located, has first been obtained.
   Nothing in this act contained shall be construed as in any way
affecting the plenary power of any existing city and county or
municipal utility district to provide for a water supply for that
city and county or municipal utility district, or as affecting the
absolute control of any properties of that city and county or
municipal utility district necessary for that water supply and
nothing herein contained shall be construed as vesting any power of
control over those properties in the district or in any officer
thereof, or in any person referred to in this act.
   13. Provide for the operation and maintenance of any works of any
kind or channelways, which may be built or operated by the state or
the federal government without cost to the district, for the control
or disposition of flood and storm waters within the district whether
those waters originate within or outside the district.
   14. Contract with the County of Lake, because of the interest of
the County of Lake in the general welfare and preservation and
promotion of land values in the county and in the maintenance,
construction and improvement of public roads, bridges and other
county property within any zone that may be damaged or destroyed by
those flood and storm waters and that will be protected by proper
control and disposition of those waters, for the participation by
that county, on a percentage or other appropriate basis, in the
amount or amounts that may be taxed or assessed from time to time
against any lands in any zone by any taxing or assessing agency or
authority, including the district, to provide funds for the operation
and maintenance of any works of any kind or channelways which may be
built, maintained or operated by the state or the federal government
or the district for the benefit of that zone; and the County of Lake
may enter into that contract with the district.
   15. Levy assessments in any zone, on the basis of benefits as
provided in Section 13 or 13.1 of this act, to raise funds for
payment of expenses of operation and of works or channelways in that
zone and the cost of levying and collecting those assessments.
   16. Levy and collect special taxes in the district or any zone in
accordance with Section 13 of this act.
   17. Levy and collect benefit assessments in the district or any
zone in accordance with Section 13 of this act.
  SEC. 3.  Section  7 of the Lake County Flood Control and Water
Conservation District Act (Chapter 1544 of the Statutes of 1951) is
repealed.
  SEC. 4.  Section 12 of the Lake County Flood Control and Water
Conservation District Act (Chapter 1544 of the Statutes of 1951) is
amended to read:
  Sec. 12.  (a) The board may institute proceedings for the formation
of single zones and also institute projects for single zones and
joint projects for two or more zones that may involve the financing,
constructing, maintaining, operating, extending, repairing or
otherwise improving any work or improvement of common benefit to
that zone or participating zones.  The board may also institute
separate projects for operation and maintenance of works or
improvements for any zones whether  the works or improvements have
been constructed by the board or by the state or the federal
government or both.  Any zone shall include, as far as practicable,
all lands that will be benefited by any project proposed for that
zone.
   (b) Proceeding for the formation of any zone and for the
establishment of any project for  that zone may be conducted jointly.
  For the purpose of establishing any zone or participating zones or
of acquiring authority to proceed with  that project, the board shall
adopt a resolution specifying its intention to establish  that zone
or zones or to undertake  that project, or both thereof, together
with the engineering and other estimates of the cost of same to be
borne by the particular zone and, in the case of participating zones,
the proportionate cost to be borne by each of the participating
zones and fixing a time and place for public hearing of that
resolution; and that resolution shall refer to a map or maps showing
the boundaries of each zone and the general location and general
construction of that project.  The resolution shall also describe the
boundaries of any zone proposed to be established; otherwise
adequate reference to any established zone involving the project
shall be sufficient.
   (c) Notice of  the hearing shall be given by publication pursuant
to Section 6066 of the Government Code in a newspaper of general
circulation, circulated in that zone or each of those participating
zones, if there be such newspaper, and if there be no such newspaper
then by posting notice for two consecutive weeks prior to that
hearing in five public places designated by the board, in that zone
or in each of those participating zones.  Publication shall be
completed at least seven days before the date of the hearing.  The
notice shall contain a copy of the resolution.  The notice  shall
designate a public place in the zone or in each of the participating
zones where a copy or copies of the map or maps of each proposed
single zone and any project for a single zone or the joint project
for participating zones may be seen by any interested person, and the
map shall be posted in each of the public places so designated in
the notice at least two weeks prior to the hearing.
   (d) At the time and place fixed for the hearing, or at any time to
which the hearing may be continued, the board shall consider all
written and oral objections to the proposed zone or project.
   (e) If it is shown that any land is improperly included in the
boundaries proposed for the zone the board, in its order for
formation of the zone, shall exclude  the land therefrom.  If the
board shall conclude that lands that will be benefited by the zone
are improperly omitted from the proposed zone and the owners thereof
have not appeared at the hearing the board shall continue the hearing
and direct that notice be given to nonappearing landowners to appear
before the board and show cause why their lands should not be
included in the proposed zone.  The notice shall be given either by
publication or posting in the same manner and for the same period as
the original notice of hearing or by personal service on each
landowner.  Any personal service shall be made at least three days
prior to the date fixed for further hearing.  Proof of the notice
given shall be filed with the clerk of the board on or before the day
to which the hearing is continued.
   (f) The board may continue the hearing from time to time, by order
entered upon its minutes, to the end that a full hearing may be had.

   (g) If an order for formation of the zone is made at the
conclusion of the hearing the order shall describe the exterior
boundaries of the zone as determined by the board, shall be signed by
the chairman of the board and attested by the clerk thereof and be
recorded by the county recorder in his official records.
   (h) Upon the conclusion of the hearing, the board may abandon the
proposed zone or project or proceed with the same, unless prior to
the conclusion of the hearing a written protest against the proposed
zone or project signed by a majority in number of the holders of
title to real property, or assessable rights therein, or evidence of
title thereto, representing one-half or more of the assessed
valuation of the real property within the zone or within any of the
participating zones, be filed with the board, in which event further
proceedings relating to the zone or project shall be suspended for
not less than six months following the date of the conclusion of the
hearing, or the proceeding may be abandoned in the discretion of the
board.
   (i) For the purposes of this section, the last equalized
assessment roll of the County of Lake next preceding the filing of
the protest shall be prima facie evidence as to the ownership of real
property, the names and numbers of the persons who are the holders
of title or evidence of title, or assessable rights therein, and as
to the assessed valuation of real property within the zone or within
any of the participating zones for which the project was initiated.
   (j) Executors, administrators, special administrators, and
guardians may sign the protest provided for in this act on behalf of
the estate represented by them.  If the property is assessed in the
name of those representatives, that fact shall establish the right of
those representatives to sign the protest; if assessed in the name
of the decedent, minor or incompetent person, certified copies of the
letters or other evidence as may be satisfactory to the board must
be produced.
   (k) If real property appears to be owned in common or jointly or
by a partnership, or if letters of representatives of decedents,
minors or guardians are joint, only one of the owners or
representatives or partners may sign the protest for all joint owners
or representatives or partners; provided, that the party claiming
the right to protest for all produces the written consent of his or
her coowners or representatives or partners so to do, duly
acknowledged by the consenting coowners or representatives or
partners in the manner that deeds of real property are required to be
acknowledged to entitle those deeds to be recorded in the recorder's
office of the county.  Any joint owner or partner or tenant in
common may sign and thus be counted independently for this
proportionate share of the assessed valuation of that real property
as shall be determined by division of the evaluation by the number of
jointly interested owners thereof.
   (l) If real property is assessed in the name of a trustee or
trustees, the trustee or trustees shall be deemed to be the person
entitled to sign the protest, and if assessed in the name of more
than one trustee the right to sign the protest shall be determined in
like manner as above provided with respect to coowners.
   (m) The protest of any public or quasi-public corporation, private
corporation or unincorporated association, may be signed by any
person authorized by the board of directors or trustees or other
managing body thereof, which authorization shall be in writing; and a
proxy executed by an officer or officers thereof, attested by its
seal and duly acknowledged, shall constitute sufficient evidence of
that authority, and shall be filed with the board.
   (n) The owner of any real property or interest therein, appearing
upon the assessment roll, which has been assessed in the wrong name
or to unknown owners, or which has passed from the owner appearing as
the on the last equalized assessment roll, since the same was made,
shall be entitled to sign the protest represented thereby, either by
the production of a proxy from the former owner, or by furnishing
evidence of his or her ownership by a conveyance duly acknowledged
showing the title to be vested in the person claiming the right to
sign the protest, accompanied by a certificate of a competent
searcher of titles, certifying that a search of the official records
of the county, since the date of the conveyance, discloses no
conveyance or transfer out from the grantee or transferee named in
the conveyance.
   (o) If the real property has been contracted to be sold, the
vendee shall be entitled to sign the protest, unless  that real
property is assessed in the name of the vendor, in which event the
vendor shall be entitled to so do.
   (p) The board may inquire and take evidence for the purpose of
identifying any person claiming the right to sign the protest as
being the person shown on the assessment roll or otherwise as
entitled thereto.  And, unless satisfactory evidence is furnished,
the right to sign the protest may be denied.
   (q) In its resolution of intention on the institution of any
project for operation and maintenance of works or improvements for
any zone and in the order of adoption of the project, the board shall
fix a total amount that it will raise annually thereafter by
assessments under Section 13.1 to pay the expenses of that operation
and maintenance.
   (r) If the board determines that it is necessary to increase the
annual assessments to meet operational and maintenance requirements
of the works or improvements of any zone, it may increase the
assessments in the manner in which the assessments were originally
established and in accordance with other applicable provisions of
law.
  SEC. 5.  Section 12.1 is added to the Lake County Flood Control and
Water Conservation District Act (Chapter 1544 of the Statutes of
1951), to read:
  12.1.  (a) The board may institute proceedings for the modification
or dissolution of a zone or zones.
   (b) Whenever the board determines that it is necessary or
desirable for any zone or zones formed pursuant to this act to be
modified or dissolved, it shall adopt a resolution declaring its
intention to modify or dissolve the zone or zones.  The resolution of
intention shall state all of the following:
   (1) The intention of the board to modify or dissolve the proposed
zone or zones.
   (2) The reason why the zone or zones is proposed to be modified or
dissolved.
   (3) That a map or maps showing the exterior boundaries of the zone
or zones proposed to be modified or dissolved, is available for
inspection by any interested person, at a designated public place.
   (4) The time and place for a hearing by the board on the proposed
modification or dissolution of the zone or zones.
   (5) That at the time and place fixed for the hearing, or at any
time to which the hearing may be continued, the board shall consider
all written or public testimony regarding the proposed modification
or dissolution of the zone or zones.
   (c) The notice of hearing shall be given by publishing a copy of
the resolution of intention in a newspaper of general circulation
published in the district, pursuant to Section 6066 of the Government
Code, the publication of which shall be at least 14 days prior to
the time fixed for the hearing.
   (d) At the time and place so fixed, or at any time or place to
which the hearing is continued, the board shall hold the hearing
provided for by the resolution of intention, at which time any
interested person may appear and be heard concerning any matter set
forth in the resolution of intention or any matters material thereto.
  The board shall consider all written and oral objections to the
modification or dissolution of the zone or zones.  The board may
continue the hearing from time to time, by order entered upon its
minutes, to the end that a full hearing may be had.
   (e) (1) Upon the conclusion of the hearing, the board may abandon
the proposed modification or dissolution of the zone or zones or
proceed with the proposed modification or dissolution, unless prior
to the conclusion of the hearing a written protest against the
proposed modification or dissolution of the zone or zones, that is
signed by a majority in number of the holders of title to real
property, or assessable rights therein, or evidence of title thereto,
representing one-half or more of the assessed valuation of the real
property within that zone or within any of the participating zones,
is filed with the board.
   (2) If a written protest is filed, further proceedings relating to
that zone or zones shall be suspended for not less than six months
following the date of the conclusion of the hearing, or, at the
discretion of the board, the proceeding may be abandoned.
   (f) If the board makes an order for modification or dissolution of
the zone or zones at the conclusion of the hearing, the board, by
resolution, shall state that the exterior boundaries of the zone or
zones are set forth upon a map on file with the clerk to the board
and shall declare the zone or zones modified or dissolved.
   (g) For the purposes of this section, the last equalized
assessment roll of the County of Lake before the filing of the
protest shall be prima facie evidence as to the ownership of real
property within the zone or zones.  Determination of protest rights
shall be in the manner set forth in Section 12.
  SEC. 6.  Section 13 of the Lake County Flood Control and Water
Conservation District Act (Chapter 1544 of the Statutes of 1951) is
amended to read:
  13.  The board, in any year, may do all of the following:
   1.  Levy ad valorem taxes or assessments upon all property in the
district to pay the general administrative costs and expenses of the
district, and to carry out any of the objects or purposes of this act
of common benefit to the district.
   2.  Levy ad valorem taxes or assessments upon all property in each
or any of the zones and participating zones to pay the costs and
expenses of carrying out, constructing, maintaining, operating,
extending, repairing, or otherwise improving any or all works or
improvements established or to be established within or on behalf of
the respective zones, according to the benefits derived or to be
derived by the respective zones.
   3.  Levy assessments upon all real property in each or any of the
zones, according to the special benefits derived or to be derived by
those properties, to pay the cost and expenses of carrying out any of
the objects or purposes of this act of special benefit to those
properties, including the constructing, maintaining, operating,
extending, repairing or otherwise improving any or all works of
improvement established or to be established within or on behalf of
the respective zone or zones.
   4.  Levy and collect special taxes in the district or any zone,
pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1
of Part 1 of Division 1 of Title 5 of the Government Code, to pay the
costs of carrying out, constructing, maintaining, operating,
extending, repairing, or otherwise improving any or all works of
improvement in the district or zone and the cost of levying and
collecting those special taxes.
   For the purposes of this provision, "special tax" means any
special tax that applies uniformly to all taxpayers or all real
property within the district or any zone.
   5.  Levy and collect benefit assessments in the district or any
zone, pursuant to Chapter 6.4 (commencing with Section 54703) of Part
1 of Division 2 of Title 5 of the Government Code, to pay the costs
of constructing, maintaining, operating, extending, repairing, or
otherwise improving any or all works of improvement in the district
or zone and the cost of levying and collecting those benefit
assessments.
   In the event of project cooperation with any of the governmental
bodies as authorized in subdivision 6 of Section 5 of this act, and
requiring the making of a contract with any governmental body for the
purposes set forth in that subdivision 6 by the terms of which work
other than operation and maintenance is to be performed by that
governmental body in any specified zone or participating zones, for
the particular benefit thereof, and by the proposed contract the
district is to pay to that governmental body, a sum of money in
consideration or subvention for the performance of the work by that
governmental body, the board may, after proceedings in the manner
prescribed in Section 12 of this act, levy and collect either an ad
valorem tax, special tax, assessment, or a special benefit assessment
upon the real property in that zone, or those participating zones,
whereby to raise funds to enable the district to make such payment,
in addition to other taxes or assessments herein otherwise provided
for.
   The taxes or assessments shall be levied and collected together
with, and not separately from, taxes for county purposes, and the
revenues derived from taxes or assessments shall be paid into the
county treasury to the credit of the district, or the proper zone or
zones thereof.
                                                               The
board may control and order the expenditure for the purposes of all
funds so raised; provided, however, that no revenues, or portions of
the revenue, derived in any zone from the taxes or assessments levied
under the provisions of subdivision 2, 3, or 4 of this section shall
be expended for constructing, maintaining, operating, extending,
repairing, or otherwise improving any works or improvements located
in any other zone, except in the case of joint projects, or for
projects authorized or established outside the zone or zones, but for
the benefit thereof.  In cases of projects joint to two or more
zones, the zones shall become, and shall be referred to as,
participating zones.
  SEC. 7.  Section 13.1 of the Lake County Flood Control and Water
Conservation District Act (Chapter 1544 of the Statutes of 1951) is
amended to read:
  Sec. 13.1.  If, pursuant to Section 12, a zone has been established
and the project adopted for the zone is that of operation and
maintenance of works or improvements that have been constructed by
the state or the federal government, and the board has been requested
in writing to provide that operation and maintenance of those works
or improvements by that zone, funds for that purpose may, at the
discretion of the board, be raised by assessment or special tax as
provided in Section 13 of this act.
